Kilmar Abrego Garcia, a Maryland father accused of human smuggling, will remain in federal custody for at least another month—despite a Tennessee judge rejecting the Trump administration’s argument that he poses a danger to the community.
U.S. District Judge Waverly Crenshaw ruled Wednesday that federal prosecutors had failed to show “clear and convincing evidence” that Abrego Garcia should be held solely on public safety grounds as he awaits trial on smuggling charges. Crenshaw noted that the government’s broad claims about the alleged crimes and supporting evidence were not enough to justify continued detention.
“The government’s general statements about the crimes brought against Abrego, and the evidence it has in support of those crimes, do not prove Abrego’s dangerousness,” the judge wrote in a 37-page opinion.
The Trump Justice Department had asked Crenshaw to overturn a prior ruling by Magistrate Judge Barbara Holmes, who also found that prosecutors hadn’t established a compelling case for detention. Still, Holmes separately granted an unopposed request from Abrego Garcia’s legal team to keep him in custody for 30 more days—a strategic move intended to prevent immediate deportation once he’s released from criminal detention.
The unusual request from the defense comes as concern grows that the administration may attempt to remove Abrego Garcia before his trial, just as it did in March when he was mistakenly deported to El Salvador without due process.
Simultaneously, a third federal judge—U.S. District Judge Paula Xinis in Maryland—issued an order this week prohibiting the Trump administration from deporting Abrego Garcia again if he’s released. Her ruling stems from a separate civil case brought by Abrego Garcia and his family following his wrongful deportation earlier this year.
Xinis, an Obama appointee, ordered that Abrego Garcia be returned to the same ICE supervision arrangement he was under prior to his March deportation. That arrangement had allowed him to live and work in Maryland while checking in regularly with immigration officials.
“Once Abrego Garcia is restored under the ICE Supervision Order out of the Baltimore Field Office, Defendants may take whatever action is available to them under the law,” Judge Xinis wrote. She added that future steps—such as appearing before immigration authorities—must be handled in accordance with the Constitution and relevant statutes.
In a statement following the rulings, attorney Simon Sandoval-Moshenberg called the decisions “a powerful rebuke of the government’s lawless conduct and a critical safeguard for Kilmar’s due process rights.”
The Trump administration criticized the Maryland ruling. “The fact this unhinged judge is trying to tell ICE they can’t arrest an MS-13 gang member, indicted by a grand jury for human trafficking, and subject to immigration arrest under federal law is LAWLESS AND INSANE,” Homeland Security spokesperson Tricia McLaughlin wrote on X (formerly Twitter).
Judge Xinis’s order also requires the government to notify Abrego Garcia’s attorneys at least 72 hours before attempting to deport him to any country other than El Salvador, giving his legal team time to raise claims of potential torture or other relief under federal and international law.
Abrego Garcia, 29, was returned to the United States in June after a months-long legal battle. He has pleaded not guilty to the federal charges, which allege he conspired with others between 2016 and 2025 to smuggle thousands of undocumented migrants into the U.S., many of whom were allegedly linked to the MS-13 gang.
His attorneys have strongly disputed the government’s claims and insist the case is politically motivated and built on shaky evidence.
“All we’re trying to do for today is ensure that there is no constitutional violation,” attorney Andrew Rossman told the court during a recent hearing.
Though barred from deporting him to El Salvador under a 2019 immigration court ruling, the Trump administration has left open the possibility of removing Abrego Garcia to a third country. For now, however, a trio of federal judges have placed significant limits on that prospect.
